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HomeMy WebLinkAbout4570 Resolution - Amendment 2 to Convention Center ILA with City of KennewickResolution – Convention Cnt Financing ILA Amendment No. 2 - 1 RESOLUTION NO. 4570 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE CONVENTION CENTER FINANCING INTERLOCAL AGREEMENT BETWEEN THE CITY OF PASCO AND THE CITY OF KENNEWICK. WHEREAS, the City of Pasco (City) entered into the Convention Center Financing Interlocal Agreement (the “Agreement”) with the City of Kennewick (Kennewick) on December 2, 2002; and WHEREAS, the City and Kennewick amended the Agreement on September 15, 2003; and WHEREAS, the City and Kennewick wish to amend the Agreement to reflect the acquisition, construction, equipping, and operation of an expansion to the Regional Center (as defined in the Agreement) and the extension of the authority of the Pasco Public Facilities District to impose a sales and use tax pursuant to RCW 82.14.390; and WHEREAS, the City will each benefit from the expansion to the Regional Center; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into Amendment No. 2 to the Convention Center Financing Interlocal Agreement with the City of Pasco. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco approves the terms and conditions of Amendment No. 2 to the Convention Center Financing Interlocal Agreement between the City of Pasco and City of Kennewick, as attached hereto and incorporated herein as Exhibit A. Be It Further Resolved, that the Interim City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute said Amendment No. 2 on behalf of the City of Pasco; and to make minor substantive changes as necessary to execute this Amendment. Be It Further Resolved, that this Resolution shall take effect immediately. Resolution – Convention Cnt Financing ILA Amendment No. 2 - 2 PASSED by the City Council of the City of Pasco, Washington, on this 18th day of February, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, MMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 1 of 3 SECOND AMENDMENT TO CONVENTION CENTER FINANCING INTERLOCAL AGREEMENT Between CITY OF PASCO, WASHINGTON and CITY OF KENNEWICK, WASHINGTON THIS SECOND AMENDMENT TO CONVENTION CENTER FINANCING INTERLOCAL AGREEMENT BETWEEN CITY OF PASCO, WASHINGTON, AND CITY OF KENNEWICK, WASHINGTON (this “Amendment”) dated as of February 18, 2025, is made by and between the CITY OF PASCO, a municipal corporation of the State of Washington (“Pasco”), and the CITY OF KENNEWICK, a municipal corporation of the State of Washington (“Kennewick”); WITNESSETH: WHEREAS, on December 2, 2002, the cities of Kennewick and Pasco entered into the Convention Center Financing Interlocal Agreement (the “Agreement”); and WHEREAS, on September 15, 2003, the Agreement was amended by both parties; and WHEREAS, Pasco and Kennewick wish to amend the Agreement to reflect the acquisition, construction, equipping, and operation of an expansion to the Regional Center (as defined in the Agreement) and the extension of the authority of the Pasco Public Facilities District to impose a sales and use tax pursuant to RCW 82.14.390; and WHEREAS, Pasco and Kennewick will each benefit from the expansion to the Regional Center; NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties hereto covenant and agree as follows. 1. Section IV of the Agreement is hereby amended in its entirety to state as follows: This Agreement shall commence December 30, 2002, and shall continue so long as the State’s sales and use tax is allocated to and received by the Pasco Public Facilities District and there is still outstanding debt on the expansion of the Three Rivers Convention Center. 2. Except as otherwise specifically provided in this Amendment, in all other respects the Agreement shall remain in full force and effect. Page 2 of 3 IN WITNESS WHEREOF, Pasco and Kennewick have caused this Amendment to be executed in their respective names by their duly authorized officers, and have caused this Amendment to be dated as of the date set forth on the first page hereof. CITY OF PASCO, WASHINGTON Dave Zabell, Interim City Manager ATTEST: Debby Barham, City Clerk STATE OF WASHINGTON ) ) ss. COUNTY OF FRANKLIN ) I certify that I know or have satisfactory evidence that DAVE ZABELL and DEBBY BARHAM are the persons who appeared before me, and said persons acknowledged that said persons signed this instrument, on oath stated that said persons were authorized to execute the instrument and acknowledged it as the Interim City Manager and City Clerk, respectively, of the CITY OF PASCO, a municipal corporation of the State of Washington, to be the free and voluntary act of such municipal corporation for the uses and purposes mentioned in the instrument. Dated this ______ day of March 2025. (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for the State of Washington, residing at My appointment expires Page 3 of 3 CITY OF KENNEWICK, WASHINGTON Erin Erdman, City Manager ATTEST: Krystal Johnston, City Clerk STATE OF WASHINGTON ) ) ss. COUNTY OF BENTON ) I certify that I know or have satisfactory evidence that ERIN ERDMAN and KRYSTAL JOHNSTON are the persons who appeared before me, and said persons acknowledged that said persons signed this instrument, on oath stated that said persons were authorized to execute the instrument and acknowledged it as the City Manager and City Clerk, respectively, of the CITY OF KENNEWICK, a municipal corporation of the State of Washington, to be the free and voluntary act of such municipal corporation for the uses and purposes mentioned in the instrument. Dated this ______ day of March 2025. (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary public in and for the State of Washington, residing at My appointment expires